Organisations that conduct fundraising activities need to ensure they comply with Victoria’s fundraising laws, and if they conduct fundraising activities outside of the state of Victoria, then they must also comply with the different fundraising laws for those other states.
In general, fundraising activities are those where you ask the public:
- For money or other benefits such as goods and services;
- For not for profit purposes.
Examples of fundraising activities include:
- Door knock appeals;
- Telephone appeals;
- Traffic intersection and highway collections;
- Trivia nights;
- Public auctions;
- Clothing bins;
- Sale of goods at Op Shops;
- Appeals run by commercial fund raisers;
- Public appeals to support Clubs, Associations, causes or people, or
- Sale of goods where part of the sale price is donated to a charitable organisation or cause.
An organisation which conducts fundraising activities must register as a fundraiser in Victoria except where the following applies:
- Activities which are not taken as fundraising include promotions for membership or joining fees, raising money for a patriotic fund, seeking bequests, raffles, lotteries and other gaming activities authorised under the Gambling Regulation Act 2003 (although in that case you may be required to comply with the Regulations for those activities under that Act including to obtain a permit);
- If your organisation is an exempt organisation (for example, State Government schools, tertiary education institutions, hospitals, religious bodies, etc), or
- If your organisation receives fundraising funds of less than $10,000.00 gross in a financial year and only unpaid volunteers are used to conduct the fundraising.
If your organisation is required to register as a fundraiser, then you must apply to Consumer Affairs Victoria for a licence to do so prior to commencing fundraising. You will also need to comply with the fundraiser obligations in conducting your fundraising appeals, including to keep a separate bank account for funds, keeping the required records, including your fundraising registration number on certain documents, and informing Consumer Affairs Victoria of certain changes to your organisation and registration.
If you have any queries or would like advice in relation to your fundraising obligations, please contact us.